HomeMy WebLinkAboutContract 57382 CSC No.57382
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND QUAIL VALLEY DEVCO VLO,LLC
This Municipal Services Agreement ("Agreement") is entered into on 29th day of
March 2022 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas,("City")and Quail Valley Devco VLO, LLC. ("Owner").
RECITALS
The parties agree that the following recitals are true and correct and form the basis
upon which the parties have entered into this Agreement.
WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each owner
of land in an area requests the annexation;
WHEREAS,where the City elects to annex such an area,the City is required to enter into
a written agreement with the property owner(s) that sets forth the City services to be provided for
the Property on or after the effective date of annexation(the "Effective Date");
WHEREAS, Owner owns certain parcels of land situated in Parker County, Texas,
which consists of approximately 21.29 acres of land in the City's extraterritorial jurisdiction,
such property being more particularly described and set forth in Exhibit "A" attached and
incorporated herein by reference ("Property");
WHEREAS, Owner has filed a written request with the City for full-purpose annexation
of the Property, identified as Annexation Case No. AX-21-013 ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS,the Annexation Case and execution of this Agreement are subject to approval
by the Fort Worth City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
available municipal services to the Property in accordance with state law, which may be
accomplished through any means permitted by law. For purposes of this Agreement, "full
municipal services" means all services provided by the City within its full-purpose
boundaries, including water and wastewater services and excluding gas or electrical service.
OFFICIAL RECORD
CITY SECRETARY
Owner-Initiated Annexation Service Agreement FT.WORTH, TX
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having
services provided by any method or means by which the City may extend municipal
services to any other area of the City, including the City's infrastructure extension
policies and developer or property owner participation in accordance with
applicable city ordinances,rules, regulations, and policies.
i. Fire — The City's Fire Department will provide emergency and fire protection
services comparable with the provision of services available in other parts of the
municipality with topography, land use and population density similar to the
level of service contemplated or projected in the area.
ii. Police — The City's Police Department will provide protection and law
enforcement services.
iii. Emergency Medical Services - The City's Fire Department and MedStar (or
other entity engaged by the City after the Effective Date)will provide emergency
medical services.
iv. Planning and Zoning — The City's Development Services Department will
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provide comprehensive planning, land development, land use, and building
review and inspection services in accordance with all applicable laws, rules,
E and regulations.
v. Parks and Recreational Facilities. Residents of the Property will be permitted
to utilize all existing publicly-owned parks and recreational facilities and all such
facilities acquired or constructed after the Effective Date (including community
service facilities, libraries, swimming pools, etc.), throughout the City. Any
private parks, facilities, and buildings will be unaffected by the annexation;
provided, however, that the City will provide for maintenance and operation of
the same upon acceptance of legal title thereto by the City and appropriations
therefor. In the event the City acquires any other parks, facilities, or buildings
necessary for City services within the Property,the appropriate City department
will provide maintenance and operations of the same.
vi. Other Publicly Owned Buildings. Residents of the Property will be permitted
to use all other publicly owned buildings and facilities where the public is
granted access.
vii. Stormwater Utility Services — The Property will be included in the City's
Stormwater Utility service area and will be assessed a monthly fee based on the
amount of impervious surface. The fees will cover the direct and indirect costs
of stormwater management services.
viii. Roads and Streets (including Street lighting) - The City's Transportation and
Public Works Department will maintain the public streets and streetlights over
which the City has jurisdiction. The City will provide regulatory signage
services in accordance with the City policies and procedures and applicable
laws.
ix. Water and Wastewater to Existing Structures. Occupied structures that are
using water-well and on-site sewer facilities on the Effective Date may continue
to use the same. If a property owner desires to connect an existing structure to
the City water and sewer system, then the owner may request a connection and
Owner-Initiated Annexation Service Agreement 2 of 11
receive up to 200 linear feet of water and sewer extension at the City's cost for
each occupied lot or tract in accordance with the City's "Policy for the
Installation of Community Facilities" and applicable law. Once connected to
the City's water and sanitary sewer mains, the water and sanitary sewage
service will be provided by the City at rates established by City ordinances for
such service.
x. Solid Waste Services—The City will provide solid waste collection services in
accordance with existing City ordinances and policies, except where prohibited
by law.
xi. Code Compliance — The City's Code Department will provide education,
enforcement, and abatement relating to code violations within the Property.
xii. Full Municipal Services — Commencing on the Effective Date, the City will
provide to the Property all services provided by the City within its full-purpose
boundaries and not otherwise listed above, except as provided in Section 3(b).
b. The City will provide water service and wastewater treatment service to developments
established after the Effective Date in accordance with, and on the schedule
determined by, the City's extension policies and applicable law and at rates
established by City ordinances for such services.
c. It is understood and agreed that the City is not required to provide a service that is
not included in this Agreement.
d. Owner understands and acknowledges that the City departments listed above may
change names or be re-organized by the City Manager. Any reference to a specific
department also includes any subsequent City department that will provide the same
or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services,infrastructure,
and infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and legal right
to execute, deliver and perform their obligations pursuant to this Agreement. Owner
acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City
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Council. Nothing in this Agreement guarantees favorable decisions by the City Council.
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6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability
will not affect the validity of any other part,term or provision, and the rights of the parties will
I be construed as if the part,term, or provision was never part of the Agreement.
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7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation
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relating to this Agreement, the terms and conditions of the Agreement will be interpreted
according to the laws of the State of Texas. The parties acknowledge that they are of equal
bargaining power and that each of them was represented by legal counsel in the negotiation
and drafting of this Agreement.
Owner-Initiated Annexation Service Agreement 3 of I I
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division and construed in conformity with the provisions of Texas Local Government
Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any such right
on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the terms and conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE
LAND. This Agreement is binding on and inures to the benefit of the parties,their successors,
and assigns. The term of this Agreement constitutes covenants running with the land
comprising the Property, is binding on the Owner and the City, and is enforceable by any
current or future owner of any portion of the Property.
14. ENTIRE AGREEMENT. Except as provided in Section 15, this Agreement constitutes the
entire agreement between the parties and supersedes all prior oral and written agreements
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between said parties. This Agreement shall not be amended unless executed in writing by both
parties.
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Executed as of the day and year first above written to be effective on the effective date of
[ annexation of the Property.
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Owner-Initiated Annexation Service Agreement 4 of I I
CITY OF FORT WORTH QUAIL VALLEY DEVCO VLO, LLC
A Texas limited liability company
By: RPG QVR, LLC
a Texas limited liability company
Da a euruhdoFF � �~~`
B - Dana1u Hoff pr10,202211:13CDT) By:
Nyame: Name: -geth Carpenter
Title: Assistant City Manager Title: Vice President
Approved as to Form and Legality:
Name: Melinda Ramos
Senior Assistant City Attorney
Attest: �o4n�n
,cy 000 r Aaaa�
��s. ; 4cc ° G�
Janne Goodall(Ap 11,20221652 CDT) °
City Secretary v°
a o° d
Approvals: �da�° °°O �d
°°°°°o° a
M&C: 22-0192 all hiXASaA
Ordinance No. 25426-03-2022
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Owner-Initiated Annexation Service Agreement 5 of 11
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the 11th day of Aprit 20 22
by Dana Burghdoff , Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
By: MaflaSa.,he=,Aor11, osCoT
Notary Public, State of Texas
MARIA 5$AMCX -
Hatary ID#2256490
r My Commission EtpirK
D. E r 19,2025
State of Texas §
County of ill�(,� §
This instrument was acknowledged before me on the _ day of , 20 Z Z,
by Seth Carpenter, Vice President on behalf of RPG QVR, LLC, a Texas limited liabiliky company
of Quail Valley Devco VLO, LLC, A Texas limited liability company.
By:
Notary Public, State of Texas
Mary Catherine Southworth
* My Co9/1012025 Expires
" Notarryy ID
133326426
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After Recording Return to:
City Secretary
City of Fort Worth
€ 200 Texas Street
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Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Owner-Initiated Annexation Service Agreement 6 of I I
EXHIBIT A
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Owner-Initiated Annexation Service Agreement 7 of 1 I
Exhibit A
Continued
LAND DESCRIPTION
BEING a 21.29-acre or 927,550 square foot tract of land,situated in Parker County,Texas,
being in the I&G.N.R.R.Survey,Abstract No. 1996,and being a portion a called 7,125.3
acre tract of land conveyed to Walsh Ranches Limited Partnership as recorded in Volume
1699,Page 1765,Deed Records of Parker County,Texas,(D.R.P.C.T.),and being more
particularly described as follows:
BEGINNING at a 5/8 inch iron rod found with plastic cap stamped"Huitt-Zollars"on the
southerly right-of-way line of Walsh Avenue as shown on the Final Plat of Walsh Ranch,Quail
Valley,Lot 1,Block AK,&Walsh Avenue ROW,an addition to the City of Fort Worth,
Parker County,Texas,recorded under Cabinet D,Page,654,of the Plat Records of Parker
County,Texas(P.R.P.C.T.),being the beginning of a non-tangent curve to the left having a
central angle of 10 degrees 17 minutes 48 seconds,a radius of 1,553.00 feet,subtended by a
278.72 foot chord which bears North 84 degrees 22 minutes 27 seconds East;
THENCE,along said right-of-way of Walsh Avenue and said curve to the left an arc distance
of 279.09 feet to a point for corner;
THENCE,leaving said southerly right-of-way of Walsh Avenue,over and across said Walsh
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Ranches Limited Partnership tract the following courses and distances:
South 56 degrees 36 minutes 16 seconds East,a distance of 14.30 feet to a point for corner;
i South 12 degrees 15 minutes 00 seconds East,a distance of 562.12 feet to a point for corner
and the beginning of a curve to the left having a central angle of 26 degrees 25 minutes 44
seconds,a radius of 330.00 feet,subtended by a 150.87 foot chord which bears South 25
degrees 27 minutes 52 seconds East;
Along said curve to the left an arc distance of 152.22 feet to a point for corner;
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South 38 degrees 40 minutes 44 seconds East,a distance of 190.55 feet to a point for corner
and the beginning of a curve to the right having a central angle of 02 degrees 27 minutes 32
seconds,a radius of 540.00 feet,subtended by a 23.17 foot chord which bears South 37
€; degrees 26 minutes 58 seconds East;
Along said curve to the right an arc distance of 23.17 feet to a point for corner;
North 80 degrees 53 minutes 17 seconds East,a distance of 157.01 feet to a point for corner
and the beginning of a curve to the left with a central angle of 09 degrees 22 minutes 19
seconds,a radius of 180.00 feet,subtended by a 29.41 foot chord which bears North 76
degrees 12 minutes 08 seconds East;
Along said curve to the left an arc distance of 29.44 feet to a point for corner;
North 71 degrees 30 minutes 58 seconds East,a distance of 6.87 feet to a point for comer;
South 04 degrees 08 minutes 05 seconds East,a distance of 160.84 feet to a point for
corner;
Page 2 of 5
Owner-Initiated Annexation Service Agreement 8 of I I
Exhibit A
Continued
LAND DESCRIPTION
South 81 degrees 24 minutes 49 seconds West,a distance of 66.61 feet to a point for corner
and the beginning of a non-tangent curve to the right having a central angle of 03 degrees
41 minutes 34 seconds,a radius of 600.00 feet,subtended by a 38.66 foot chord which
bears South 15 degrees 53 minutes 19 seconds East;
Along said curve to the right an arc distance of 38.67 feet to a point for corner;
South 14 degrees 02 minutes 32 seconds East,a distance of 30.04 feet to a point for corner;
North 67 degrees 17 minutes 53 seconds West,a distance of 117.08 feet to a point for
corner;
South 74 degrees 35 minutes 27 seconds West,a distance of 615.28 feet to a found 5/8 inch
iron rod with plastic cap stamped"Huitt-Zollars"at the most easterly corner of the Final
Plat,Walsh Ranch—Quail Valley,an Addition to the City of Fort Worth,Parker County,
Texas as recorded in Cabinet E,Slide 488,P.R.P.C.T.;
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THENCE,along the general northeasterly line of said Walsh Ranch-Quail Valley plat the
following courses and distances:
North 45 degrees 23 minutes 46 seconds West,a distance of 50.35 feet to a found 5/8 inch
iron rod with plastic cap stamped"Huitt-Zollars";
North 73 degrees 00 minutes 00 seconds West,a distance of 202.81 feet to a found 5/8 inch
iron rod with plastic cap stamped"Huitt-Zollars";
North 52 degrees 00 minutes 00 seconds West,a distance of 439.16 feet to a found 5/8 inch
iron rod with plastic cap stamped"Huitt-Zollars';
North 28 degrees 55 minutes 31 seconds West,a distance of 39.37 feet to a found 518 inch
iron rod with plastic cap stamped"Huitt-Zollars";
North 38 degrees 53 minutes 17 seconds East,a distance of 176.37 feet to a found 5/8 inch
iron rod with plastic cap stamped"Huitt-Zollars";
North 51 degrees 06 minutes 43 seconds West,a distance of 159.55 feet to a found 5/8 inch
iron rod with plastic cap stamped"Huitt-Zollars";
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South 83 degrees 53 minutes 17 seconds West,a distance of 111.80 feet to a found 5/8 inch
iron rod with plastic cap stamped"Huitt-Zollars";
North 28 degrees 55 minutes 31 seconds West,a distance of 26.51 feet to a found 5/8 inch
iron rod with plastic cap stamped"Huitt-Zollars';
Page 3 of 5
Owner-Initiated Annexation Service Agreement 9 of I I
Exhibit A
Continued
LAND DESCRIPTION
North 52 degrees 49 minutes 35 seconds West,a distance of 186.57 feet to a found 5/8 inch
iron rod with plastic cap stamped"Huitt-Zollars';
North 05 degrees 18 minutes 20 seconds West,a distance of 24.01 feet to a found 5/8 inch
iron rod with plastic cap stamped"Huitt-Zollars"on the southerly line of Lot 1,Block AK
of Lot 1,Block AK&Walsh Ranch Avenue ROW,Walsh Ranch Quail Valley,an
Addition to the City of Fort Worth,Parker County,Texas as recorded in Cabinet D,Slide
654,P.R.P.C.T.;
THENCE,along the southerly line of said Lot 1 and the southeasterly line of Grey Bark Street
(60 foot right-of-way)the following courses and distances:
North 84 degrees 40 minutes 28 seconds East,a distance of 588.71 feet to a found 5/8 inch
iron rod with plastic cap stamped"Huitt-Zollars"and the beginning of a non-tangent curve
to the right having a central angle of 00 degrees 23 minutes 34 seconds,a radius of 273.00
feet,subtended by a 1.87 foot chord which bears North 01 degrees 09 minutes 14 seconds
East;
Along said curve to the right an arc distance of 1.87 feet to a found 5/8 inch iron rod with
plastic cap stamped"Huitt-Zollars";
South 88 degrees 38 minutes 59 seconds East,a distance of 60.00 feet to a found 5/8 inch
iron rod with plastic cap stamped"Huitt-Zollars"and the beginning of a non-tangent curve
to the right having a central angle of 52 degrees 49 minutes 07 seconds,a radius of 213.00
feet,subtended by a 189.48 foot chord which bears North 27 degrees 45 minutes 34
seconds East;
Along said curve to the right an arc distance of 196.36 feet to a found 5/8 inch iron rod with
plastic cap stamped"Huitt-Zollars"and the beginning of a reverse curve to the left having a
central angle of 49 degrees 33 minutes 56 seconds,a radius of 180.00 feet,subtended by a
150.90 foot chord which bears North 29 degrees 23 minutes 10 seconds East;
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Along said curve to the right an arc distance of 155.72 feet to a found 5/8 inch iron rod with
plastic cap stamped"Huitt-Zollars";
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North 46 degrees 00 minutes 26 seconds East,a distance of 21.66 feet to the POINT OF
BEGINNING and CONTAINING 21.29-acre or 927,550 square feet of land of land,
more or less.
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Page 4 of 5
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Owner-Initiated Annexation Service Agreement 10 of 11
Exhibit A
Continued
LAND DESCRIPTION
NOTES:
1. Bearings are based on the Texas State Plane Coordinate System,North Central
Zone(4202),North American Datum 1983(2011).All distances are surface
distances.
2. An exhibit map of even survey date herewith accompanies this legal description.
This document was prepared under 22 TAC§138.95,does not reflect the results of an on the
ground survey,and is not to be used to convey or establish interests in real property except
those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared.
For Huitt-Zollars,Inc. o F
� . .F
�Q;.•�r,ISrFR�
,..�. ...o.'SK.
MATTHEW T.GO..... I
..�..6817.. :..
Matthew T.Godlewski
Registered Professional Land Surveyor
Texas Registration No.6817
Huitt-Zollars,Inc.
TBPELS Firm Registration No. 10025600
5430 LBJ Freeway,Suite 1500
Dallas,Texas 75240
(214)871-3311
mgodiewski@huitt-zollars.com
Date:September 23,2021
it
Page 5 of 5
Owner-Initiated Annexation Service Agreement 11 of 11
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/29/22 M&C FILE NUMBER: M&C 22-0192
LOG NAME: 06AX-21-013 WALSH RANCH VILLAGE—OWNER INITITATED
SUBJECT
(Future CD 3)Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed
Owner-Initiated Annexation of Approximately 21.29 Acres of Land in Parker County Known as Walsh Ranch Village, Located within the Walsh
Ranch Limited Purpose Annexation, North of Interstate Highway 30, South of Walsh Avenue, and West of Walsh Ranch Parkway, in the Far West
Planning Sector, AX-21-013
(PUBLIC HEARING-a. Report of City Staff: Stuart Campbell; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing for the proposed owner-initiated annexation of approximately 21.29 acres of land in Parker County located within the
Walsh Ranch Limited Purpose Annexation, north of Interstate Highway 30, south of Walsh Avenue, and west of Walsh Ranch Parkway, as
shown on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City and property owners, Quail Valley Devco VLO, LLC.; and
3. Adopt ordinance annexing AX-21-013 for full purposes.
DISCUSSION:
On September 27, 2021, representatives for the property owners, Quail Valley Devco VLO, LLC, submitted a request for full-purpose annexation of
the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely in that portion of the City's extraterritorial
jurisdiction which is in Parker County. The site is located within the Walsh Ranch Limited Purpose Annexation (AX-03-0010), north of Interstate
Highway 30, south of Walsh Avenue, and west of Walsh Ranch Parkway. The owner-initiated annexation, which is approximately 21.29 acres, is
consistent with the urban development annexation criteria as established by the City's Annexation Policy. While the subject area is currently
agricultural land and the property owner's proposal of residential type development is not consistent with the future land use map in the 2021
Comprehensive Plan which designates this area as Institutional it is compatible with surrounding Single-Family Residential use.
The related Limited-Purpose annexation case(AX-03-0010)was approved by City Council on October 14, 2003. City Council approved the
related zoning case(ZC-16-115)on June 21, 2016. Zoning for this area is identified as"PD/LDR"for single family uses in"A-43"thru"R-2"as
listed in exhibit A, with a maximum of 14,785 dwelling units is permitted in districts 1, 4, 11 & 12 in accordance with Ordinance No.13896. AX-21-
013 is also related to Preliminary Plat case PP-21-080(filed on September 27, 2021)and Concept Plan case CP-17-005(on file as of November
20, 2017). The Concept Plan and Preliminary Plat were approved by the City Plan Commission. According to the Walsh Ranch development
agreement(City Secretary Contract No. 28585),the Owner shall submit preliminary subdivision plats and requests for full purpose annexation
pursuant to the procedure for development of the property.
Subchapter C-3 of Chapter 43 of the Texas Local Government Code(LGC) provides for the process of annexation of an area upon a request of an
owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and
enter into a written agreement with the owners of land in the area for the provision of municipal services.
The agreement must include:
1. A list of each service the municipality will provide on the effective date of the annexation; and
2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the
annexation.
The municipal services agreement includes these provisions in accordance with state law.
The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis was generated with the
assistance of various City Departments. The fiscal impact analysis was then provided to Planning&Data Analytics for review. City tax revenue is
expected to have a positive fiscal impact over the next ten years after the proposed development has been built. Based on the operating costs
projected from the Police, Code Compliance and Transportation and Public Works Departments, the fiscal impact shows a slightly negative effect
to the General Fund for the first year, but will have a positive impact thereafter. Therefore, due to the ability of the area to meet the City's criteria for
full-purpose annexation staff recommends approval of the requested owner-initiated annexation, AX-21-013.
The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the
annexation to be heard. Once the City Council has conducted the required public hearing, Council may close the hearing and vote on annexing
AX-21-013 for full purposes.
If annexed,this property will become part of COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance, the annexation will
have a long-term positive impact to the General Fund.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Leo Valencia 2497